No, she served my solicitor with the judicial separation request/order (or whatever it's called) about a year ago but nothing has been done about it. So they haven't been withdrawn. She will want to proceed in Ireland. So does this mean that 'divorce proceedings' have been started in Ireland or not as they are only Judicial separation proceedings? If the EU convention said 'if familiy law proceedings are started in one country that country takes priority then I know I would have no case and Ireland would take priority but instead of 'family law' proceedings it says 'divorce' proceedings. I just want to clarify if I can start divorce proceedings in the UK,
wow Claire! I wasn't expecting that! I had spoken to my family lawyer in Ireland who had said to me that as 'family law' proceedings had been initiated in Ireland that they would take priority. The wording of 'divorce' in the convention covered all 'family law' matters including 'judicial separation' as in this case. So as you can see I need to be 100% on this one. Is there any where that proves this or any precedence or any exact leglistation that states that it has to be 'divorce proceedings' that the convention is referring to and not any 'family law' proceedings. On what basis are you giving that answer?
My sincere apologies if this sounds like I am in any way doubting your answer it's just that it's very hard to get an exact answer on it and the info I have gotten so far is conflicting and I want to be 100% confident before I apply for divorce in the UK with rock solid evidence to base it on,
I have done some looking up on line too, what I have found is the Brussells II doc (http://www.reunite.org/edit/files/Library%20-%20International%20Regulations/Brussels%20II.pdfhttp://www.reunite.org/edit/files/Library%20-%20International%20Regulations/Brussels%20II.pdf) under Article 19 point 1 it includes the wording 'legal separtion' after divorce. I would assume this means judicial separation too? And hence Ireland takes priority?
In Ireland you have to be separated 4 years before you can apply for a divorce which will apply for me on July 13th this year. It then could take a year for it to come before the courts.
The Irish divorce system is very complex and old and therefore expensive too mainly due to being a very catholic country. The fact that I now live in the UK I want to be proactive in using more modern laws now at my disposal!